CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

OCTOBER 19, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, October 19, 1999, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law.

PRESENT: Councillor George Puil, Deputy Mayor

Councillor Don Bellamy
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan (Clauses 2 to 6)

ABSENT: Mayor Philip Owen (Civic Business)

Councillor Nancy A. Chiavario (Civic Business)
Councillor Jennifer Clarke
Councillor Daniel Lee (Sick Leave)

CLERK TO THE
COUNCIL: Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Don Lee,

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Puil in the Chair, to consider proposed amendments to the Zoning and Development By-law.

- CARRIED UNANIMOUSLY

1. Text Amendment: 6184 Ash Street & 951 Boundary Road

An application by the Director of Current Planning was considered as follows:

Summary: The proposed amendment would allow fewer ground access units at 6184 Ash Street and additional floor area exclusions at 951 BoundaryRoad.

The Director of Current Planning recommended approval.

Staff Comments

Rob Whitlock, Planner, advised he was present to answer questions.

Summary of Correspondence

There was no correspondence received on this application since the date the application was referred to Public Hearing.

Speakers

Deputy Mayor Puil called for speakers for and against the application and none were present.

MOVED by Cllr. Herbert,

THAT the application by the Director of Current Planning to amend CD-1 By-laws No. 7158 for 951 Boundary Road (Taylor Manor) and No. 8044 for 6184 Ash Street (Peretz Institute) to allow fewer ground access units at 6184 Ash Street and additional floor area exclusions at 951 Boundary Road, be approved.

- CARRIED UNANIMOUSLY

2. Text Amendment: 3624 Fraser Street

An application by the Gospel Church in Christ was considered as follows:

Summary: To allow church, public authority, community centre and library in conjunction with community centre as permitted uses on the site.

The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.

Also circulated this day, was a Memorandum, dated October 19, 1999, from the Senior Rezoning Planner, bringing forward for consideration the following changes to the conditions:

(a) THAT prior to enactment of the amending by-law, the registered owner shall enter into an agreement to the satisfaction of the Director of Legal Services, the GeneralManager of Engineering Services and the Medical Health Officer, agreeing to deal with the following matters at the development application stage:

(i) clarify to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services all charges shown on title (a charge summary should be provided); and

(ii) development permit applications involving change of use shall require provide evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measuring that assesses potential noise impacts on the residential units in the building and adjacent neighbours and proposes mitigation measures as required for development applications involving change of use. The report and mitigation measures will be to the satisfaction of the Medical Health Officer.

Staff Comments

Marco D’Agostini, Planner, briefly reviewed the application, advising staff believe the impact of the proposed use of a church will be no greater than that of an active club, which is currently permitted under the zoning for the site. Mr. D’Agostini also brought Council’s attention to the Memorandum, dated October 19, 1999, from the Senior Rezoning Planner, proposing changes to the conditions.

Applicant Comments

Francis Mak, representing the applicant, reported the Church has been looking for a site for many years. The proposed site suits the Church’s size needs and limited finances. The proposed development is supported by the owners of the small residential complex located in the same building. The applicant has retained an acoustical consultant and the existing sound separation seems to be adequate. The church will have lower noise levels than that of a club. No objections were noted at an open house held by the Church. In response to a question, Mr. Mak advised the notice for the open house was in English only.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

· one letter, attaching a letter and a petition containing 490 names, opposing the application.

Speakers

Deputy Mayor Puil called for speakers for and against the application.

The following spoke in opposition to the application:

· Wayne Fung
· Theresa McAuley

The foregoing speakers opposed the application based on one or more of the following points:

· safety concerns, because of strangers coming into the neighbourhood;
· lack of parking for residents; there are already two restaurants and 6 churches in the area;
· noise concerns;
· the area already has sufficient public libraries and community centres.

Geoff Johnson spoke in support of the application. Mr. Johnson represented the Strata Council of the residents located in the existing building. The residents would prefer to have a church located in the building rather than a club with an operating liquor license.

Applicant Closing Comments

Mr. Mak advised the members of the Church hand delivered over 400 notifications informing of the open house in the neighbourhood on a Sunday afternoon, approximately two to three weeks prior to the meeting.

Staff Closing Comments

Mr. D’Agostini advised the site is still zoned for a club use by a non-profit organization. The proposed church use would have no greater impact on the neighbourhood

than the impact of the current permitted use of a club. Staff feel the parking issues will be resolved with the upcoming review by the Engineering Department on residents parking.

Council Discussion

Council expressed concern the residents opposed to the application may not have been aware the permitted use of the site allows a non-profit organization to operate a club in the building. In addition, Council requested information on the status of the liquor license held by the previous owner and the condition of the zoning of the site, for example the no rental policy and permitted uses of the premises.

MOVED by Cllr. Bellamy,

THAT consideration of the application by Gospel Church in Christ, to amend CD-1By-law No. 7157 for 3624 Fraser Street (Lot N, Block 43, D.L. 301, Plan 11092, Strata Plan LMS2499) to allow Church, Public Authority Use, Community Centre, and Library in conjunction with Community Centre as permitted uses, be deferred, pending additional information from staff on the status of : (a) the liquor license; and, (b) the condition of the zoning, regarding the rental policy, permitted uses, etc.

- CARRIED UNANIMOUSLY

3. Text Amendment: 2177 West 42^nd Avenue

An application by the Royal Canadian Legion Branch No. 30 was considered as follows:

Summary: To allow the administrative offices of a non-profit society as a permitted use on the site.

The Director of Current Planning recommended approval.

Staff Comments

Marco D’Agostini. Planner, briefly reviewed the application, noting the proposal will use the ground floor for administrative offices. The applicants agree with the limitation on the proposed use, which is to limit the Social Service Centre use to “ administrative functions of a non-profit society”. Staff recommend approval.

Applicant Comments

Bill McElroy, representing the applicant, advised he was present to answer questions.

Summary of Correspondence

There was no correspondence received on this application since the date it was referred to Public Hearing.

Speakers

Deputy Mayor Puil called for speakers for and against the application and none were present.

MOVED by Cllr. Bellamy,

THAT the application by Royal Canadian Legion Branch No. 30 to amend CD-1 By-law No. 6117 for 2177 West 42nd Avenue to allow Social Service Centre, limited toadministrative functions of a non-profit society, as a permitted use, be approved.

- CARRIED UNANIMOUSLY

4. Text Amendment: 2720 East 48^th Avenue

An application by Dalla-Lana Griffen Dowling Knapp Architects was considered as follows:

Summary: To permit the replacement of seniors care and housing with a new multi-level care facility.

The Director of Current Planning recommended approval, subject to the conditions as set out in the agenda of the Public Hearing.

Staff Comments

Lynda Challis, Planner, advised she was present to answer questions.

Applicant Comments

Brett Smail, representing the applicant, advised he was present to answer questions.

Summary of Correspondence

There was no correspondence received on this application since the date it was referred to Public Hearing.

Speakers

Deputy Mayor Puil called for speakers for and against the application and none were present.

MOVED by Cllr. Don Lee,

THAT the application by Dalla-Lana Griffin Dowling Knapp Architects, to amend CD-1 By-law No. 3869 for 2720 East 48th Avenue (Lot 3, Block 11, N.E.¼ of DL 336, Plan 10606) to replace seniors care and housing buildings with a new multi-level care facility, be approved, subject to the following conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Dalla-Lana Griffin Dowling Knapp Architects and stamped “Received City Planning Department, May 26, 1999", provided that the Director ofPlanning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) design development to soften the grade transition between the main floor down to West 49th Avenue and the property to the west;

Note to Applicant: Details of planters and landscaping are required to clarify treatment.

(ii) design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED), having particular regard to reducing opportunities for:

· theft and vandalism by ensuring the site is not used for cutting through and that the parking exit stairs are not visible to non-residents.

(iii) provision of dimensioned tree protection barriers (illustrated on the Landscape Plan) around all existing trees 20 cm caliper or greater to be retained on the
development site, all neighbouring trees 20 cm caliper or greater located within 2.0 m of the property line and around all existing street trees located adjacent to the development site as per City of Vancouver Guidelines;

(iv) provision of a detailed landscape plan clearly illustrating:

A. both common and botanical name, size and quantity of all proposed plant material, and

B. all existing trees 20 cm caliper or greater (with clarification as to which trees are to be removed or retained).

(v) provision of layered foundation planting along the 48th Avenue elevation of the building;

(c) THAT, prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall:

(i) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:

A. widening of the existing utility right-of-way that passes through the site from ten feet to fifteen feet wide (no permanent portion of the proposed development should be within this widened right-of-way);

B. provision of a sidewalk on the west side of Vivian Street for the full length of the site; and

C. provision of street trees on Vivian Street adjacent the site and on 48th and 49th Avenues where space permits;

(ii) provide clarification of charges shown on title (a charge summary should be provided);

(iii) make suitable arrangements for all new electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point including a review of overhead plant upgrading that may be necessary to serve this project in order to determine its impact on the
surrounding neighbourhood (this may result in the telephone and/or electrical service points being changed in order to reduce the impact on the neighbourhood); and

(iv) enter into an agreement, to the satisfaction of the Manager, Housing Centre and Director of Legal Services, providing that the owner of the development shall not strata-title any of the buildings developed on the property.

- CARRIED UNANIMOUSLY

5. Text Amendment: 2799 Yew Street [2790 Vine Street]

An application by Rene Rose, Concert Properties Ltd., was considered as follows:

Summary: To permit Special Needs Residential Facility-Congregate Housing as a permitted use on the site.

The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.

Staff Comments

Rob Whitlock, Planner, brief reviewed the application, noting the applicant wishes to raise several minor issues relating to amenity provisions.

Applicant Comments

Rene Rose, Concert Properties Ltd., advised the applicant is willing to work with the draft congregate housing guidelines but requests there be some flexibility on the amenity guidelines. The proposed development will have larger than average bedrooms and therefore the requirement for a lounge on every other floor may not be required. In addition, the requirements of service providers vary with each, and the ability to have flexibility will allow the application to proceed without having to come back to Council for further zoning text amendments. The applicant requests amendments to the following conditions: delete condition 3A(c) - to provide a lounge on every other floor; and amend sections 6.5 (c) and (d) to allow for having several smaller multi-purpose rooms and lounges.

Summary of Correspondence

Council was advised one letter opposing the application was received since the date the application was referred to Public Hearing.

Speakers

Deputy Mayor Puil called for speakers for and against the application.

Rita Coutier requested clarification on the two addresses for the application.

Applicant Closing Comments

Rene Rose reiterated the applicant feels the congregate housing guidelines are draft guidelines and requests dropping the guidelines as conditions to the application.

Staff Closing Comments

Mr. Whitlock advised the guidelines have been applied to three other applications. Staff have found residents in congregate housing sites are generally approximately 75 to 80 years old and would require a lounge to be located nearby. However, Council may wish to either include a relaxation clause in the by-law to give the Director of Planning and the Development Permit Board some authority to relax the conditions, or to drop the draft guidelines from the bylaw. Staff would prefer the relaxation option and maintain the guidelines in the bylaw.

MOVED by Cllr. Price,

THAT the application by Greystone Properties Ltd. [now ‘Concert Properties Ltd.’] to amend the CD-1 By-law No. 7461 for 2799 Yew Street (Lot C of Group 1, Blk. 362, DL 526, LMP32154) to permit Special Needs Residential Facility - Congregate Housing as a listeduse, be approved,subject to the following conditions, and giving the Director of Planning and the Development Permit Board authority to relax Sections 3A and 6.5 of Schedule B to By-law No. 7461:

(a) THAT prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following safety enhancements:

· provide for horizontal exiting by having a minimum two fire compartments within a floor area;
· the fire alarm system should incorporate other signals to supplement the audibility within suites; in accordance with the Vancouver Building By-law as described in sentence 3.2.4.20.(7) [proposed 1999 version];
· provide a fire safety plan that includes staff assistance to residents in case of emergency;
· provide emergency power of a minimum of one hour duration; and
· provide a fire fighter’s elevator in buildings that are above three storeys to assist with evacuation.

Note to Applicant: The building’s life safety systems should take into account the eventual change in the mental and/or physical state of the residents, and provide a safe environment for them.

(b) THAT prior to enactment of the amending by-law, the owner shall enter into an agreement to the satisfaction of the Director of Legal Services, the Manager of the Housing Centre and the Director of Social Planning, agreeing to deal with the following matters at the development application stage:

1. clarification of the rights of strata owners and tenants in a mixed strata/rental situation as proposed;
2. clarification of administration and voting rights of the two groups within the strata, as well as administration and access to amenities;
3. overall plan for dealing with individual and group emergencies, including use of a variety of call systems, personal pendants and/or special telephones, and areas of refuge;

4. life safety enhancements, including on-site, 24-hour emergency response; and
5. general design in accordance with draft congregate housing guidelines.

(c) THAT prior to enactment of the amendment, the non-discrimination clause related to families for all sites in this CD-1 be altered to eliminate this site.

- CARRIED UNANIMOUSLY

6. Rezoning: 600 Nicola Street

An application by Henriquez Partners was considered as follows:

Summary: To rezone the site and amend the Coal Harbour Official Development Plan to permit the development of a commercial, residential and “live/work” building.

The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.

Staff Comments

Michael Gordon, Planner, advised he was present to answer questions.

Applicant Comments

Richard Henriquez, representing the applicant, advised the proposed development was designed with extensive in-put from City staff and neighbours. The applicant has responded to concerns with views. The proposed development is a mixed use building, with office and live/work uses. The proposal is supported by the Urban Design Panel and is compatible with the neighbours.

Summary of Correspondence

There was no correspondence received on this application since the date it was referred to Public Hearing.

Speakers

Deputy Mayor Puil called for speakers for and against the application.

Duncan Chuk expressed concerns with the location of the fire exit in the building at 1477 Pender Street in relation to the proposed development at 600 Nicola Street and with possible increased traffic congestion.

.
Applicant Closing Comments

Mr. Henriquez advised the applicant could provide an easement to allow the tenants in the building at 1477 Pender to exit from Nicola Street.

Staff Closing Comments

Mr. Gordon advised the proposed development will be a small building compared to the other buildings going up in the area and therefore the traffic impacts will be insignificant.

MOVED by Cllr. Price,

THAT the application by Henriquez and Partners Architects to rezone from CWD (Central Waterfront District) to CD-1 (Comprehensive Development District) for 600 Nicola Street (Lot 7, Block 42, District Lot 185, Plan LMP12354) to permit a commercial, residential and ‘live/work’ building, be approved, subject to the following conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Henriquez Partners, Architects and stamped “Received, City Planning Department, July 9, 1999“ provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) Design development to the treatment of the lower street base portion of the building facades, to be primarily finished with masonry, stone or concrete articulated to reflect maritime structures occurring on major urban waterfronts, consistent with guidelines approved for the adjacent Marina neighbourhood.

Note to Applicant: Consideration should be given to the use of strong brick or stone masonry or concrete frames with a fine grain detailing and articulation at ground level.

(c) THAT, prior to enactment of the amending By-law, and at no cost to the City, the registered owner shall:

(i) Register agreements to the satisfaction of the Director of Planning and the Director of Legal Services, providing easements in favour of owners of two abutting sites - site number 1 encompassing Lots 4,5 and 6 and site number 2 encompassing Lot A to provide exiting from the rear of each of the existing buildings on these sites across lot 7 to the north if exiting requirements of the Vancouver Building By-law cannot reasonably be met in another way, and giving the City a Section 219 covenant by which the Owner agrees to not hinder use of the easements.

(ii) Make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all electrical and telephone services to be underground within and adjacent to the site from the closest, existing suitable service point.

(iii) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan for the subject site, approved by the Ministry of Environment and acceptable to the City. Execute agreements satisfactory to the Director of Legal Services and City Manager, in consultation with appropriate Department Heads, obligating the property owner to remediate to

the satisfaction of the Ministry of Environment any contaminated soils on the subject site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City.

(iv) Execute agreements satisfactory to the Director of Legal Services and City Manager, in consultation with appropriate Department Heads obligating the property owner to indemnify the City, its employees against any liability or costs which may be incurred as a result of the presence of contaminated soils on the subject site, including costs arising as a result of any failure to carry out the aforementioned approved Remediation Plan and provide such security for the indemnity to the satisfaction of the Director of Legal Services;

(v) As required by the City Engineer and the City’s Director of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter.

(vi) Execute a Section 219 Covenant, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements on the subject site constructed pursuant to this rezoning until the contaminated soils on the subject site have been remediated to the satisfaction of the Ministry of Environment in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City.

Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.

The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable,accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services. The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Herbert,
SECONDED by Cllr. Don Lee,

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 8:50 p.m.

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(c) 1998 City of Vancouver